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Summer 2017
DEFENDERS
23
Conventional Arms Transfers
and Violation of Human Rights
Mehdi Halalkhor
Researcher in International Relations
Introduction
Arms trade has been always among the most important concerns of
human rights groups. When it comes to weapons of mass destruction, the
international law has been able through formulating a nonproliferation
regime for weapons of mass destruction and also based on international
law arguments to create limitations for production, purchase and sales of
these weapons. As for other forms of weapons, which are not considered as
weapons of mass destruction (WMD), this degree of strength has not been
seen within the international law community. However, a growing literature is
taking shape in the scientific works whose goal is to introduce special norms
of international law in order to restrict trade in small arms and non-WMD
weapons. One of the most fundamental questions, which occur to one’s mind
in this regard taking into account the existing state of international relations,
is what kind of theoretical literature worthy of discussion exists in the area of
light arms and non-WMD weapons? The second question is: “To what extent
this theoretical literature will be able to promote international humanitarian
law beyond the political will of governments given the existing conditions
in international relations?” In response to these questions and in view of the
existing state of the international law literature regarding light arms and non-
WMD weapons, and also in view of widespread violation of human rights,
one can seriously assume that, to prevent or reduce extensive violation of
human rights in the area of light arms and non-WMD weapons, governments
need to show political will to counter this phenomenon. On the other hand,
violation of human rights must be given higher priority by governments over
mere profit making. Therefore, this paper has been divided in the following
two parts:
1. The first part is about small arms and light weapons, which discusses
how transfer of small arms and light weapons can amount to violation
of international humanitarian law and human rights.
2. The second part also focuses on conventional arms transfers,
which usually take place between governments. The goal of this